Chapter 3 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL. Sec Hours of sale.

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1 Chapter 3 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL Sec Hours of sale. (a) It shall be unlawful between the hours of 2:00 a.m. of any Sunday and 6:00 a.m. of the following Monday, or between the hours of 2:00 a.m. and 6:00 a.m. on Tuesday, Wednesday, Thursday, Friday, or Saturday for any person, corporation, or other entity to sell, buy, give away, serve or consume alcoholic beverages in any cafe, lunchroom, restaurant, hotel dining room, lounge, or other public place licensed to sell alcoholic beverages for on-premises consumption. (b) It shall be unlawful at any time other than between 10:00 a.m. and 10:00 p.m. on Monday through Saturday for any person, corporation, or other entity to sell, buy, give away, or serve any liquor for off-premises consumption. Sec Hours of operation. It shall be unlawful for any retail licensee, its owner, manager, servant, agent, or employee, to sell, offer for sale or to serve, or to dispense for reward, or to allow the consumption of alcoholic beverages upon any licensed premises, on the days and during the hours hereinafter enumerated as follows: (1) Prohibited hours for on-premises license retailers shall be 2:00 a.m. to 6:00 a.m. each day of the week Monday through Saturday and from 2:00 a.m. to 10:00 a.m. on Sundays. (2) Prohibited hours for off-premises lounge liquor retailers shall be from 10:00 p.m. to 10:00 a.m. each day of the week. All off premises alcoholic beverage sales shall be prohibited from 2:00 am to 10:00 am each Sunday. Sec Public possession or consumption. (a) It shall be unlawful for any person to drink any liquor, wine, malt or brewed beverage containing alcohol, or any other alcoholic beverage, or to be in possession of any opened can, bottle, cup or other open container containing the same while such person is on or upon any of the following place, except as otherwise permitted by law or by license issued by the alcohol beverage control board of the state: (1) Any public road, alley, street, sidewalk or upon area between a road or street or any public sidewalk, if any. (2) Any public park or public recreational property. (3) Property of any governmental entity or any board of such governmental entity, or any hospital. Page 1

2 (4) Any public gathering or any athletic event, theater, picture show, or other place of public entertainment. (5) Outside any building or structure which is either vacant or dedicated to a commercial or business use. (6) Within any apartment, condominium, townhouse or other multifamily residential complex, except within any building, structure, or fenced pool area within said complex permitted for recreational use by the owner of such complex (or its manager) for the owners or tenants residing with such complex, or within 30 feet of any occupied residential unit. (b) For the purposes of the foregoing, a person shall be deemed on or upon the places designated above if on, upon, or within any motor vehicle which itself is on or upon such places. Sec Compliance with state alcoholic beverage control laws, public possession or consumption. (a) It shall be unlawful and a violation of this chapter for any person to do anything or commit any act or omission constituting a violation under the state alcoholic beverage control laws, which includes rules or regulations promulgated by the ABC board the violation of which have been denominated by the Chapter 28 of the Code of Ala. 1975, constituting an offense; which laws are incorporated herein by reference as if fully set forth. (b) State open container law. It is a violation of this chapter for any person to violate the Alabama Open Container Law, Code of Ala. 1975, 32-5A-330. (c) Prohibition against drinking in a public place. Except for a place that is an authorized licensed premises it shall be unlawful for any person to have any alcoholic beverage in an open container or to drink any alcoholic beverage at any public place, which includes vehicles located on a public place, that the person knows or should know is not an authorized licensed premises. It shall be unlawful for any person to knowingly allow a violation of subsection (b) to occur at a public place under that persons care, custody, or control. Public place means any place, whether publicly or privately owned or controlled, to which the general public, or a substantial portion thereof, has access or that is open to the general public, or a substantial portion thereof. The term includes common areas of apartments, condominiums, and other multi-unit buildings to the extent access to such areas is not restricted to the occupants or residents of the building. (d) Private use. Nothing in this section shall be construed to prevent private use on private premises, provided that in no event are illegal sales allowed. Private use means the possession, display, or consumption of alcoholic beverages, which does not include the sale thereof, on private premises by the occupants, residents, or members thereof, and their Page 2

3 guests. Private premises means premises that are, at the time, closed or inaccessible to the general public, which may include private clubs and private dwellings. (e) Where the state alcoholic beverage control laws described in subsection (a) of this section refer to a state license, class of license, licensee, or licensed premises, the terms shall also mean and include a city license, class of license, licensee, or licensed premises in this Chapter. Sec Sexual conduct in establishments dealing alcoholic beverages. (a) Intent. Establishment dealing in alcoholic beverages shall mean any business establishment which sells, dispenses or otherwise allows the consumption of alcoholic beverages on the premises. (b) Sexual conduct prohibited. No person shall engage in and no person maintaining, owning, or operating an establishment dealing in alcoholic beverages shall suffer or permit any sexual intercourse, masturbation, sodomy, oral copulation, bestiality, flagellation, any sexual act which is prohibited by law, touching, caressing, or fondling of the breasts, buttocks, anus or genitals or the simulation thereof within an establishment dealing in alcoholic beverages. Sec Violating state statutes or rules. Any person who violates any provision or any regulation promulgated by the State Alcoholic Beverage Control Board relating to the sale of liquor, fortified wine, table wine, beer, malt or brewed beverages or any provision of law contained in the Code of the City of Jacksonville or Code of Ala., , et seq., or who engages in the sale or purchase for resale of alcoholic beverages without first obtaining a City of Jacksonville alcoholic beverage license shall, upon conviction, be punished by a fine of up to five hundred dollars ($500.00) and sixty (60) days in jail or as provided in Section 1-6 of the City Code, and the license of any such person shall, upon conviction, be subject to revocation by the governing body. Sec Application; factors to be considered in council's decisions. Any person desiring to sell alcoholic beverages, whether at wholesale or retail, within the City of Jacksonville, shall first apply to the State of Alabama Alcoholic Beverage Control (ABC) Board for a license to sell alcoholic beverages. Following application to the State ABC Board, the applicant shall notify the City of Jacksonville that an application to the state has been submitted. Following review by the City of Jacksonville, the state application shall be submitted to the city council of the City of Jacksonville for their consideration. Following consideration by the city council, the City of Jacksonville shall notify the State ABC Board and the applicant of the city council's approval or denial. In rendering a decision on each application, the city council shall consider, among others, the following factors: Page 3

4 (a) Character and reputation of the applicant, each partner, member, officer, member of board of directors and landlord. (b) The criminal court records of the applicant, each partner, member, officer, member of board of directors and landlord. (c) Location of premises for which the license is sought with regard to the proximity of the premises to any churches, schools, day care centers, or places of public gathering as well as vehicular traffic patterns. (d) The number, density and location of other licensed establishments operating under the provisions of this chapter. (e) The compliance by applicant, each partner, member, officer, member of the board of directors and landlord with the laws of the State of Alabama and ordinances of the city. (f) The suitability of the premises to contain noise reasonably anticipated to be generated from the premises. ARTICLE II. - LICENSE APPROVALS [2] DIVISION 1. - GENERALLY Sec Location restrictions for establishments selling for on-premises consumption. (a) The city council finds that when alcoholic beverage licenses which allow on-premises consumption are issued to non-restaurant establishments not located sufficient distances from other said licensed establishments: (1) Vehicular traffic tends to increase to unsafe levels; (2) Pedestrian traffic tends to increase between establishments by intoxicated persons; (3) Alcohol and drug related crimes occur more frequently; (4) Public order and public decency crimes increase to unacceptable levels; and (5) Sanitation and other public health issues cause odor and general disarray to the public rights-of-way and the property and parking areas of the establishments, all contrary to the best interest of public health, safety, and welfare of the citizens of the city. (b) The city council determines that public health, safety and welfare require the adoption of regulations setting a minimum distance between non-restaurant establishments that are issues on-premises alcoholic beverage licenses from the city. (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Alcoholic beverages means spirituous, vinous, fermented or other alcoholic beverages, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures Page 4

5 intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine, both fortified and table wine. Brewpub means any premises upon which beer is actively and continuously manufactured or brewed, subject to the barrel production limitation prescribed in the Code of Alabama 1975 Title 28 Chapter 4A, for consumption on the premises where manufactured; or for sale to any designated wholesaler licensee for resale to retail licensees. Brewpubs may only sale craft beer manufactured on its premises or by another entity licensed as a brewpub as described in the Code of Alabama 1975 Title 28 Chapter 4A Building or grounds means the actual location where alcoholic beverages would be sold and/or consumed and private parking areas that are leased or rented, or where other arrangements have been made to allow patrons of a lounge to park or otherwise congregate. Craft beer means a specialty beer with a distinctive flavor, produced in limited quantities and distributed in a particular region. On-premises alcoholic beverage license means any alcoholic beverage license, which allows but is not necessarily limited to, the sale of alcoholic beverages for on-premises consumption. Restaurant means any eating establishment that is licensed and located in a zoning district that permits restaurants as a conforming use or eating establishment incidental to a hotel or motel, and such establishment derives at least 50 percent of its total annual gross sales from the sale of prepared meats or food. (d) Proximity to other alcohol beverage licensed establishment restrictions. No on-premises alcoholic beverage license as defined herein, other than those issued to a restaurant or brewpub defined herein, may be issued to any establishment that is located within 500 feet of the buildings or grounds of any other establishment, other than a restaurant or brewpub, that has been issued a current on-premises alcoholic beverage license by the city. No retail liquor license for off-premises consumption may be issued to any establishment that is located within 500 feet of the buildings or grounds of any other establishment that has been issued a current retail liquor license of any kind. DIVISION 2. - LIQUOR Sec Definitions. The definitions set forth in Code of Ala. 1975, are hereby adopted by reference thereto and made a part hereof as though fully set forth herein. Sec Generally. (a) Each applicant seeking the consent and the approval of the city council of the city for a retail liquor license for off-premises consumption, a lounge retail liquor license, a club retail liquor license, a restaurant retail liquor license for a hotel, a restaurant retail liquor license for a restaurant, a restaurant retail liquor license for a civic center authority, or a Page 5

6 restaurant retail liquor license for a dinner theater shall make application to the city council as herein required. Said application shall be upon an appropriate form supplied by the city clerk of the city and shall be signed and verified by oath or affirmation by the owner, if a natural person, or, in the case of a partnership, association or unincorporated enterprise, by a partner or member thereof, or, in the case of a corporation, by an executive officer thereof. (b) Said application shall contain the following information and statements: (1) The name and residence of the applicant and how long he has resided in the indicated place, and if a partnership, association, unincorporated enterprise, or corporation, the names and residence of the partners, members, officers and directors, and how long each of such persons has resided at the indicated place. (2) A description of the particular place for which the license is desired, and a description or plan of that part of premises where it is proposed to keep and sell liquor as may be required by law and/or by the regulations of the state alcoholic beverage control board. (3) Place of birth of applicant, and if a naturalized citizen, when and where naturalized; if a corporation, when and where incorporated, and if not incorporated in the state, then whether or not it is duly qualified under the laws of the state to do business in the state. If a corporation, the application shall also contain a statement that all officers and directors of the corporation are reputable individuals and are citizens of the United States, and the further statement that at least 51 percent of the capital stock is actually owned by individuals who are citizens of the United States. (4) The names and addresses of the owner of the premises upon which the business is to be conducted, together with the names and addresses of all lessees and sublessees. A copy of any lease agreement under which the applicant has the right of possession, if the applicant is not the owner of the property, shall be filed as an attachment to the application. The verification of said application shall include the verification of said lease agreement; provided, however, that the amount of monthly rental or other compensation to be paid by the lessee under said lease may be struck out on said attached copy. (5) That the applicant is not, or in the case of a partnership, association, or unincorporated enterprise, that the partners or members are not, and in the case of a corporation, that the officers and directors are not, in any manner pecuniarily interested either directly or indirectly in the profits in any other class of business regulated under this division and/or the Alcoholic Beverage Licensing Code of the state (Act No of the 1980 Regular Session of the Legislature of Alabama), or if so interested, the extent of said interest, including name of such business, must be stated. (6) That applicant is the only person or entity in any manner pecuniarily interested in the business so asked to be licensed, except as stated, and that no other person or entity Page 6

7 shall be in any manner pecuniarily interested therein during the continuance of the license. (7) Whether applicant, or in case of a partnership, association, or unincorporated enterprise, any partner or member thereof, or in case of a corporation, any officer, director or stockholder thereof, has, during the three years immediately preceding the date of said application, had a license for the sale of spirituous or vinous liquors, fortified wine or table wine, or malt or brewed beverages revoked or suspended by any governmental authority. (8) A statement whether applicant has made application heretofore for a similar or other liquor license, and the disposition of such application. (9) A statement showing the criminal records of the applicant, each partner, member, officer, member of board of directors, landlord, and manager for the next preceding five years, and shall include every violation charged irrespective of disposition, name and place of court, date of charge, and court disposition, name and place of court, date of charge, and court disposition of each charge. Minor traffic offenses may be omitted; however, driving while intoxicated and reckless driving cases must be shown. (10) Each applicant for a club retail liquor license shall also file with, and as part of, the application the following: a. A certified copy of the certificate of incorporation of and the constitution and bylaws of such club. b. A verified list of the paid-up members of such club at the time of application, together with the resident address of each such paid-up member. c. The name and resident address of the manager of the club. If the person shown as manager of the club ceases to be such manager, then the club shall notify the city clerk of the city within five days of such change, together with the name and resident address of any new manager. d. A copy of any certificate from the Internal Revenue Service or treasury department concerning any exemption of the club from taxation. (11) Written evidence that applicant has obtained all required permits from the county department of public health and has fully met with the requirements of the fire prevention codes and ordinances of the city and of the laws of the state. Also, the applicant must show that the applicant is in compliance with the zoning ordinance of the city. (c) Said application shall be delivered to the city clerk of the city who shall immediately thereafter deliver the same to the chief of police of the city, who shall conduct an investigation and inquire into all matters and things contained in the application and then submit said application, together with the results of his investigation and his recommendations thereon, to the city council. Page 7

8 (d) Upon receipt of an application, together with the results of the investigation and recommendations made thereon, the city council shall order the city clerk to cause notice to be published one time in The Jacksonville News, a newspaper of general circulation published in the city, stating that the application, together with the results of the investigation and the recommendations thereon, will be considered at the next regular meeting of the city council, which said notice must be published as aforesaid at least six days in advance of the next regular meeting of the city council, and further stating the time and place that same is to be considered and that at such time and place all persons residing, having businesses, or owning real property within 500 feet of the property for which a liquor license is sought shall have an opportunity of being heard in opposition to or in favor of the application. (e) All applicants shall certify to the city council that notice of the application stating the day and time it is to be heard and considered at said public hearing has been circulated to residents, real property owners, and businesses within 500 feet of the property sought to be licensed by leaving a copy of said notice with each such resident or business or with some person over 18 years or age at the home of each such resident or at each such business at least one week before the public meeting at which it is expected to be heard and considered by the city council. (f) In rendering a decision on each application, the city council shall consider, among others, the following factors: (1) The wishes, desires, and concerns of the residents, real property owners, and businesses within 500 feet of the property for which a license is sought. (2) The character and reputation of the applicant, each partner, member, officer, member of board of directors, landlord, and manager. (3) The criminal court records of the applicant, each partner, member, officer, member of the board of directors, landlord, and manager. (4) The location of premises for which a liquor license is sought and the number of establishments presently holding liquor licenses for lounges, clubs, hotels, restaurants, civic centers, or dinner theaters whose place of business is within 500 feet of the property for which a liquor license is sought. (5) Compliance by the applicant, each partner, member, officer, member of the board of directors, landlord, and club manager with the laws of the state and ordinances of the city. (g) The city council shall refuse to approve a liquor license for a club when it appears that the operation would ensure to the benefit of individual members, officers, agents, or employees of the club rather than to the benefit of the entire membership of the club. Sec Bond as prerequisite for approval. (a) If the city council decides to approve a retail liquor license, a lounge retail liquor license, a club retail liquor license, a restaurant retail liquor license for a hotel, a restaurant retail Page 8

9 liquor license for a restaurant, a restaurant retail liquor license for a civic center authority, or a restaurant retail liquor license for a dinner theater, the city council shall approve same only upon condition that the licensee shall deliver to and maintain with the city a bond executed by the licensee and by some surety company authorized to do business in the city payable to the city in the sum of $2, as liquidated damages and conditioned that the licensee will comply with the laws of the state and the ordinances, including but not limited to, this division, of the city relating to a retail liquor license, a lounge retail liquor licensee, a club retail liquor licensee, a restaurant retail liquor licensee for a hotel, a restaurant retail liquor licensee for a restaurant, a restaurant retail liquor licensee for a civic center authority or a restaurant retail liquor licensee for a dinner theater, as the case may be. (b) Said bond shall be a forfeiture or liquidated damages bond and not an indemnity bond. Such bond shall include an endorsement to the effect that it shall not be cancelled without the consent of the city council of the city. The city may declare said bond forfeited as liquidated damages in its full amount of $2, upon the breach of any one or more of said conditions. In lieu of said bond, such licensee may deposit with the finance director/city treasurer of the city, cash in the amount of $2, upon the same conditions and subject to forfeiture as set forth above. Failure by the city to declare said bond or deposit forfeited in the case of a breach of any one or more of said conditions shall not operate as a waiver of the right to do so in the event of any subsequent breach of any one or more of said conditions. Sec License transfer. No liquor license approved under the provisions of this division shall be assigned nor shall it be transferred except in accordance with the Alcoholic Beverage Licensing Code (Code of Ala. 1975, 28-3A-1 et seq.). Sec Duty to maintain order of premises. It shall be the duty of each owner and of each manager or supervisor at any time charged with the management and supervision of any retail liquor, retail table wine or retail malt or brewed beverage licensed premises, while the same is open to the public, to maintain order upon the premises, while the same is open to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned. It shall be the duty of each officer, owner, manager or person in charge of any retail liquor, retail table wine or retail malt or brewed beverage licensed premises immediately to make an appropriate report to the chief of police of the city of each assault, assault and battery, or affray, occurring on the licensed premises while said premises are open for business. It shall further be the duty of said person to make a written report of each of said incidents to the chief of police of the city and to the local field office of the state alcoholic beverage control board within 36 hours thereof. Sec Duty to maintain order of premises. Page 9

10 It shall be the duty of each owner and of each manager or supervisor at any time charged with the management and supervision of any retail liquor, retail table wine, retail beer or retail malt or brewed beverage licensed premises, while the same is open to the public, to maintain order upon the premises, while the same is open to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned. It shall be the duty of each officer, owner, manager or person in charge of any retail liquor, retail table wine, retail beer or retail malt or brewed beverage licensed premises immediately to make an appropriate report to the chief of police of the city of each assault, assault and battery, or affray, occurring on the licensed premises. It shall further be the duty of said person to make a written report of each of said incidents to the chief of police of the city and to the local field office of the state alcoholic beverage control board within 36 hours thereof. The minimum penalty upon conviction for a violation of this section shall be five hundred dollars ($500.00). Sec Location restrictions. (a) No application for any retail liquor license for off premises consumption, any lounge retail liquor license or any club retail liquor license shall be consented to and approved by the city council of the city where the location of the lounge or club for which the applicant desires a liquor license is within 500 feet of any church building or church grounds or any school building or school grounds. (b) No application for a restaurant retail liquor license for a hotel, a restaurant retail liquor license for a restaurant, a restaurant retail liquor license for a civic center authority, or a restaurant retail liquor license for a dinner theater shall be consented to and approved by the city council of the city where the location of the hotel, restaurant, civic center or dinner theater for which the applicant desires a liquor license is within 500 feet of any church building or church grounds or school building or school grounds excluding a post-secondary college or university. DIVISION 3. - TABLE WINE Sec Definitions. The definitions set forth in the Code of Ala. 1975, are hereby adopted by reference thereto and made a part of this division as though fully set forth herein. Sec Application. (a) Each applicant seeking the approval of the city council of the city for a table wine retailer's license, a table wine wholesaler's license, a table wine importer's license, or a table wine manufacturer's license shall make application to the city council as herein required. Said application shall be upon an appropriate form supplied by the city clerk of the city and shall be signed and verified by oath or affirmation by the owner, if a natural person, or, in the Page 10

11 case of a partnership, association or unincorporated enterprise, by a partner or member thereof, or, in the case of a corporation, by an executive officer thereof. Said application shall contain the following information and statements: (1) The name and residence of the applicant and how long he has resided in the indicated place, and if a partnership, association, unincorporated enterprise, or corporation, the names and residence of the partners, members, officers and directors, and how long each of such persons has resided at the indicated place. (2) The address and description of the particular place for which the license is desired. (3) The place of birth of applicant, and if a naturalized citizen, when and where naturalized; if a corporation, when and where incorporated, and if not incorporated in the state, then whether or not it is duly qualified under the laws of the state to do business in the state. If a corporation, the application shall also contain a statement that all officers and directors of the corporation are reputable individuals and are citizens of the United States, and the further statement that at least 51 percent of the capital stock is actually owned by individuals who are citizens of the United States. (4) The names and addresses of the owner of the premises upon which the business is to be conducted, together with the names and addresses of all lessees and sublessees. A copy of any lease agreement under which the applicant has the right of possession, if the applicant is not the owner of the property, shall be filed as an attachment to the application. The verification of said application shall include the verification of said lease agreement; provided, however, that the amount of monthly rental or other compensation to be paid by the lessee under said lease may be struck out on said attached copy. (5) That the applicant is not, or in the case of a partnership, association, or unincorporated enterprise, that the partners or members are not, and in the case of a corporation, that the officers and directors are not, in any manner pecuniarily interested either directly or indirectly in the profits in any other class of business regulated under this division and/or the Alcoholic Beverage Licensing Code (Code of Ala. 1975, 28-3A-1 et seq.), or if so interested, the extent of said interest, including name of such business, must be stated. (6) That applicant is the only person in any manner pecuniarily interested in the business so asked to be licensed, except as stated, and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license. (7) Whether applicant, or in case of a partnership, association, or unincorporated enterprise, any partner or member thereof, or in case of a corporation, any officer, director or stockholder thereof, has, during the three years immediately preceding the date of said application, had a license for the sale of spirituous or vinous liquors, fortified wine or table wine, or malt or brewed beverages revoked or suspended by any governmental authority. Page 11

12 (8) A statement whether applicant has made application heretofore for a similar or other alcoholic beverage license, and the disposition of such application. (9) A statement showing the criminal records of the applicant, each partner, member, officer, member of board of directors, landlord, and manager for the next preceding five years, and shall include every violation charged irrespective of disposition, name and place of court, date of charge, and court disposition of each charge. Minor traffic offenses may be omitted; however, driving while intoxicated and reckless driving cases must be shown. (10) Applicant must show that the applicant is in compliance with the zoning ordinance of the city. (b) Said application shall be delivered to the city clerk of the city who shall immediately thereafter deliver the same to the chief of police of the city, who shall conduct an investigation and inquire into all matters and things contained in the application and then submit said application, together with the results of his investigation and his recommendations thereon, to the city council. (c) In rendering a decision on each application, the city council shall consider, among others, the following factors: (1) The character and reputation of the applicant, each partner, member, officer, member of board of directors, and landlord. (2) The criminal court records of the applicant, each partner, member, officer, member of the board of directors, and landlord. (3) The location of premises for which the liquor license is sought. (4) The compliance by applicant, each partner, member, officer, member of the board of directors, and landlord, with the laws of the state and ordinances of the city. Sec Issuance. No application for a table wine license shall be approved unless the city council is satisfied that the statements in the application are true, that the applicant is a person of good repute, and that the applicant has complied with all the terms and provisions of this division. Sec Assignment or transfer. No license approved under the provisions of this division shall be assigned nor shall it be transferred except by the state alcoholic beverage control board. Page 12